TERMS AND CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. BY USING THE progeCAD WEB SITE (progeCAD SITE), YOU AGREE TO THE TERMS CONTAINED IN THESE TERMS OF USE (THE AGREEMENT). THE PARTIES CONFIRM THAT THIS AGREEMENT AND ALL RELATED DOCUMENTATION ARE AND WILL BE DRAFTED IN ENGLISH.
NO REFUND POLICY
Since our software is unlocked with a security code onto your local computer, we do not refund purchases of the software after you have applied the security code and unlocked the software.
Therefore, we offer you the opportunity to download 30 day Free trials of our software so you can utlize the products to make sure you can use them successsfully before you make your purchase. Trial software downloads are available by selecting the download now buttons on the product pages on our website.
INTELLECTUAL PROPERTY OWNERSHIP
Any and all intellectual property rights associated with the progeCAD Site and the text, software, music, sound, photographs, video, graphics, domain names, URL’s, advertisements, commercially produced information, and other materials contained on the progeCAD Site (progeCAD content), including without limitation any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights and patents (Intellectual Property), are the sole property of progeCAD sa (progeCAD) or its third party licensors, and, except as provided in this Agreement, may not be copied, reproduced, modified, uploaded, downloaded, transmitted, or distributed in any way. Except as provided in this Agreement, progeCAD does not grant to you any express or implied rights to progeCAD or any third party’s Intellectual Property. The progeCAD Intellectual Property is protected by copyright, trade secret, and other intellectual property laws and by international treaties, all of which provide rights and obligations that are supplemental to the rights and obligations set forth in this Agreement.
USE OF progeCAD CONTENT
You understand and agree that you are permitted to use progeCAD Content only as expressly authorized by progeCAD or its third party licensors, as applicable. You may download, view, copy and print ProgeCAD Content, subject to the following: (a) the progeCAD Content may be used solely for personal, informational, non-commercial purposes; (b) proprietary rights notices may not be removed or altered; and (c) the progeCAD Content may not be modified or altered in any way.
TRADEMARKS
All progeCAD graphics, logos, page headers, button icons, scripts, commercial markings and service names are registered trademarks, trademarks or trade dress of progeCAD sa. progeCAD trademarks and trade dress may not be used in connection with any product or service that is not progeCAD, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits progeCAD. All other trademarks not owned by progeCAD that appear on the progeCAD Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by progeCAD
USER RESPONSIBILITIES
In consideration for your use of the progeCAD Site, you must: (1) provide all equipment necessary for accessing and utilizing the progeCAD Site; (2) provide for your own access to the World Wide Web and pay any telephone service fees or other charges associated with your access; and (3) agree to adhere to the terms of this Agreement. If you decide to purchase products or services through the progeCAD Site, you agree to: (1) provide certain current, complete, and accurate information about yourself as prompted to do so during checkout (this information will be referred to as Customer Information); and (2) maintain and update your Customer Information as required to keep it current, complete and accurate. All Customer Information will be handled in accordance with the terms of the progeCAD Privacy Policy. progeCAD reserves the right to terminate your right to use the progeCAD Site or block your access to the progeCAD Site if progeCAD learns that you have provided progeCAD with false, inaccurate or misleading Customer Information or that you have otherwise violated this Agreement. progeCAD reserves the right to change its criteria for allowing access to the progeCAD Site, at any time, in its sole discretion.
LINKS TO OR COMMUNICATIONS WITH THIRD PARTY WEB SITES AND SERVICES
Any links, including click-through and other advertisements and promotions, on the progeCAD Site to third party web sites or resources are provided solely for your convenience. By clicking on any link to a third party web site you acknowledge and agree that, unless expressly stated otherwise: (1) you will be leaving the progeCAD Site; (2) progeCAD has not reviewed, does not monitor, and has no control over the content, advertising, order fulfillment, billing, customer service, products, or availability of any third party web sites or resources, and you bear all risks associated with the use of third party web sites or resources; and (3) progeCAD is not responsible or liable, directly or indirectly, for any loss or damage of any sort incurred or alleged to be caused by or in connection with your use of or reliance on any content, products, or services available on third party web sites or resources, or for your purchase of products from third party web sites whose products may also be offered through the progeCAD Site.
USER MATERIALS
The progeCAD Site contains e-mail and other functions for you to provide files, data, media, orders, product inquiries, graphics, text or other information to progeCAD (User Materials). You hereby grant (or warrant that the owner of rights to the content or information has expressly granted) progeCAD the world-wide, royalty free and non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, perform, and display User Materials (in whole or in part) and to incorporate them in other works in any form, media, or technology now known or later developed on the progeCAD Site. User Materials do not include your Customer Information, which is handled in accordance with the progeCAD Privacy Policy. You agree not to provide ProgeCAD with any User Materials that are confidential. You understand that the technical processing and transmission of information on the progeCAD Site may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. In the event that you make accessible communications or other materials that infringe the copyrights of a third party, progeCAD will terminate your access to the progeCAD Site in accordance with the progeCAD Copyright Policy as set forth below.
PERSONALLY IDENTIFIABLE INFORMATION
For detailed information regarding ProgeCAD use of your Customer Information and any other personally identifiable information you may submit, please read our Privacy Policy.
IDEA SUBMISSION POLICY
progeCAD will not accept or consider unsolicited ideas, including without limitation ideas for new products, services, advertising campaigns, promotions, technologies, processes, materials, marketing plans, or product names. The purpose of this policy is to avoid potential misunderstandings or disputes when progeCAD products or services (collectively, progeCAD Products) might seem similar to ideas submitted to progeCAD. Please do not send your unsolicited ideas or any original materials (e.g., creative artwork, samples, demos, or other works) to progeCAD or anyone at progeCAD. If, despite this request, you still send us your ideas and materials, please understand that progeCAD will not treat your ideas or materials as confidential or proprietary.
TERMINATION
progeCAD may terminate this Agreement at any time with or without cause. You agree that progeCAD, in its sole discretion, may terminate your access to all or a portion of the progeCAD Site, cancel any orders you have placed for products or services via the E-Store, and remove and discard any User Materials or Customer Information within the progeCAD Site, for any reason, including, without limitation, lack of use, or if progeCAD believes that you have violated this Agreement. You agree that any termination of your access to the progeCAD Site may be effected without prior notice, and acknowledge and agree that progeCAD may delete your account information in accordance with the progeCAD Privacy Policy and/or prevent any further access to the progeCAD Site. Further, you agree that progeCAD will not be liable to you or any third party as a result of progeCAD termination of your access to the progeCAD Site. Should you object to any provision of this Agreement or any subsequent modifications to it, or become dissatisfied with the progeCAD Site in any way, your only recourse is to cancel your account by sending a request for cancellation to progeCAD at info@progeCAD.com. Upon confirmation of your request, your account will be cancelled and all your User Materials and Customer Information will be deleted in accordance with the progeCAD Privacy Policy.
ACCEPTABLE USE
In consideration of your use of the progeCAD Site, you understand and agree that you are solely and entirely responsible for any and all activities that occur under your account. You agree to immediately notify progeCAD of any unauthorized use of your account or any other breach of security of which you are aware.
You agree that you will use the progeCAD Site in a manner that complies with all applicable, international, federal, state, and local laws, and, subject to progeCAD obligations under its Privacy Policy, you acknowledge that you are solely responsible for any User Materials that you upload, download, transmit or otherwise process using the progeCAD Site.
You agree not to:
(a) upload, download or transmit via the progeCAD Site any User Materials that are offensive, vulgar, profane, obscene, sexually explicit, pornographic, inflammatory, harassing, excessively violent, threatening, tortuous, invasive of another’s privacy or publicity rights, abusive, hateful, libelous or defamatory, plagiarized, harmful to minors, racially, ethnically, or otherwise objectionable in any way, infringe any patent, trademark, copyright, rights of publicity, or other intellectual property right, would constitute or encourage a criminal offense, violate the rights of any party, would otherwise give rise to criminal or civil liability or violate any local, state, national, or international law, contain direct links (by a single click) to web sites that contain information of the kind described in this section, or constitute unsolicited promotions, advertising materials, “spam,” chain-letters, or other such solicitation;
(b) use the progeCAD Site to publicly broadcast, transmit, or display User Materials for “pay-per-download” or other commercial purposes, or which include a virus, worm, Trojan-horse, sniffer, or other code designed to acquire information about other users or disrupt the functionality or availability of any computer program, database, the progeCAD Site or any Internet host;
(c) disguise your identity by spoofing, forging headers, using third-party relayers, or otherwise obscuring the origin of transmitted User Materials including impersonating another person or entity;
(d) disrupt or interfere with the security of, or otherwise abuse, the progeCAD Site, or any services, system resources, accounts, servers or networks connected to or accessible through the progeCAD Site or affiliated or linked services, or use any device or software designed to circumvent technological measures employed to control access to the progeCAD Site or products made available on the progeCAD Site;
(e) harvest or otherwise collect information about others, including e-mail addresses, without their express consent;
(f) sublicense, lease, rent, sell, resell, or otherwise transfer rights to the progeCAD Site or exploit for any commercial purposes any use of the progeCAD Site;
(g) modify, translate, decompile, reverse-engineer, disassemble, or create derivative works based on the progeCAD Site, or bypass the progeCAD Site and directly access any individual components of or products that are included in the progeCAD Site; or
(h) alter or remove any copyright, trademark, logo, symbol, or proprietary or other legal notices displayed on the progeCAD Site or in progeCAD products Content printed or downloaded through the progeCAD Site, or contained in or included with products or services received through the progeCAD Site.
NO OTHER WARRANTIES
EXCEPT AS PROVIDED IN THE LIMITED WARRANTY IN THIS AGREEMENT AND ANY APPLICABLE progeCAD END USER LICENSE AGREEMENT, THE progeCAD SITE AND PRODUCTS OFFERED THROUGH THE progeCAD SITE UNDER THIS AGREEMENT ARE PROVIDED “AS-IS” AND “AS-AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. progeCAD DOES NOT AUTHORIZE ANYONE TO MAKE WARRANTIES ON ITS BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. progeCAD AND ITS VENDORS AND SERVICE PROVIDERS DO NOT WARRANT THAT YOUR USE OF THE progeCAD SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE. progeCAD AND ITS VENDORS AND SERVICE PROVIDERS DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY CONTENT, OR (B) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR THE progeCAD SITE OBTAINED FROM progeCAD OR A THIRD PARTY SOURCE OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW. YOU UNDERSTAND AND AGREE THAT ANY progeCAD CONTENT AND/OR MATERIAL DOWNLOADED, UPLOADED, STORED OR TRANSMITTED BY YOU THROUGH USE OF THE progeCAD SITE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM THE DOWNLOAD, UPLOAD, STORAGE AND/OR TRANSMISSION OF SUCH CONTENT AND/OR MATERIAL. YOU UNDERSTAND AND AGREE THAT ANY THIRD PARTY PRODUCTS OR SERVICES PURCHASED THROUGH USE OF THE progeCAD SITE ARE GOVERNED SOLELY BY THE THIRD PARTY’S TERMS AND CONDITIONS AND APPLICABLE END USER LICENSE AGREEMENTS, AND progeCAD HAS NO RESPONSIBILITY FOR THIRD PARTY PRODUCTS OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW OR OTHERWISE GOVERN THE SCOPE OF EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN FULL.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL progeCAD, ITS LICENSORS, VENDORS, SERVICE PROVIDERS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE WHETHER IN CONTRACT, TORT, PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF CONTENT, AND LOSS OR INACCURACY OF INFORMATION), ARISING OUT OF YOUR USE, OR INABILITY TO USE, THE progeCAD SITE, THE PRODUCTS OFFERED THROUGH THE progeCAD SITE, INCLUDING WITHOUT LIMITATION THE progeCAD PRODUCTS OR ANY THIRD PARTY PRODUCTS OR SERVICES, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF progeCAD WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT YOUR EQUIPMENT, FAILURE OR MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. progeCAD CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE progeCAD SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE MAXIMUM LIABILITY OF progeCAD FOR DAMAGES WILL NOT EXCEED, IN THE AGGREGATE, $100.00.
INDEMNITY
You agree to indemnify and hold progeCAD and its suppliers, licensors, vendors, service providers, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the progeCAD Site, and User Materials you submit, transmit, store, upload or download through the progeCAD Site, any product received by you through the progeCAD Site, or any violation of this Agreement or the rights of others.
COPYRIGHT POLICY – NOTICE TO progeCAD REGARDING ALLEGED COPYRIGHT INFRINGEMENT
progeCAD respects the Intellectual Property rights of others, and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), progeCAD has designated an agent to receive notifications of alleged copyright infringement associated with the progeCAD Site. progeCAD will, upon receiving proper notice as set forth below, use commercially reasonable efforts to remove or disable access to any such material as set forth in the DMCA. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify our copyright agent:
progeSOFT SA
Chiasso
Switzerland
E-mail: info@progesoft.com
URL: www.progesoft.com
When notifying us of the alleged copyright infringement, please include all of the following information:
a) A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
b) Identification of the copyrighted work claimed to have been infringed;
c) Identification of the material that is claimed to be infringing and information reasonably sufficient to locate the material;
d) Information reasonably sufficient to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
e) A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f) A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
progeCAD reserves the right to terminate your use of the progeCAD Site for any actual or alleged copyright infringement.
NOTICES
All notices to a party shall be in writing and shall be made via e-mail to info@progeCAD.com for notices to progeCAD, or to the e-mail address that you provide to progeCAD as part of your Customer Information for notices to you, or such other address as either party may specify. Notice shall be deemed given 48 hours after the e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, notices to progeCAD may be sent by regular mail, postage prepaid to progeCAD address provided below. progeCAD may also broadcast notices or messages, or other matters of importance, on this web site; such broadcasts will constitute notice to you.
EXPORT
You may not export from Switzerland or allow the export or re-export of any part of the progeCAD Site or products obtained via the progeCAD Site, in violation of any restrictions, laws or regulations of the Swiss Authorithy You agree to defend and indemnify progeCAD from and against any damages, fines, penalties, assessments, liabilities, costs and expenses (including reasonable attorneys’ fees and court costs) arising out of any claim that the progeCAD Site, or any product or other information or materials obtained from progeCAD were exported or otherwise accessed, shipped or transported in violation of this Section and all applicable laws and regulations.
MISCELLANEOUS
Entire Agreement. This Agreement (and any additions or modifications to this Agreement mutually agreed to in writing by the parties), and any applicable End User License Agreement(s), shall constitute the entire agreement and understanding between you and progeCAD with respect to the progeCAD Site and purchases made via the E-Store. While progeCAD reserves the right to modify this Agreement at any time, the terms and conditions contained in this Agreement may not be modified by you unless both you and an authorized representative of progeCAD execute a separate written agreement.
Severability. If any provision of this Agreement is held to be unenforceable for any reason, that provision will be reformed only to the extent necessary to make it enforceable, and that determination will not affect the enforceability of the provision at issue or of the remaining provisions of this Agreement.
Applicable Law. This agreement is subject to applicable Swiss laws, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the state and federal courts residing in Swiss. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Assignment. progeCAD may assign its rights and duties under this Agreement without the assignment being considered a change to the Agreement and without notice to you. We are then released from all liability. You may not assign this Agreement without the prior written consent of progeCAD. All rights and obligations under this Agreement will bind and inure to the benefit of the parties to this Agreement and their respective successors and permitted assigns.
SOFTWARE DOWNLOAD
The person who downloads any trial software from progeCAD, subscribes automatically to the progeCAD Newsletter, which now and then will be sent. The progeCAD Newletter contains news and product information. Each progeCAD Newsletter has an unsubscribe function that can be used at any time.
progeCAD E-STORE
The following provisions specifically relate to the E-Store portion of the progeCAD Site. All other provisions of this Agreement apply to the E-Store as well:
All the direct online sales (with the exception of Italy) are managed by Cleverbridge (Cleverbridge AG Terms and Conditions)
Third Party Products. All Third Party Products ordered through the E-Store are subject to the terms and conditions of the End User License Agreement between you and the third party vendor (Third Party) (if any), and any other Third Party policies and procedures. All warranties, maintenance, updates, liabilities or other obligations related to Third Party Products will be provided for by the Third Party, and progeCAD will not be responsible for any Third Party Products, except that progeCAD will coordinate returns of Third Party Products to Third Parties.
Taxes. Prices listed through the progeCAD Site do not include any tax or other governmental charge or assessment on the sale, shipment, download, or use of any products sold to you. Such taxes and charges, when applicable, may appear as separate additional charges.
MODIFICATIONS TO AGREEMENT OR progeCAD SITE
progeCAD may at any time modify, update, or otherwise change the provisions of this Agreement. If at any point progeCAD modifies the Agreement, you will see the word “updated” next to the Terms of Use link on the front page of progeCAD. If any modification to this Agreement is unacceptable to you, you may immediately terminate your use of the progeCAD Site or your account. However, if you do not terminate your account, or continue to use the progeCAD Site following the posting of any modification to this Agreement, your continued use will be deemed an acceptance of that modification. Accordingly, we encourage you to visit the progeCAD Site from time to time to review the current version of this Agreement. This Agreement was last modified on February 23, 2015. progeCAD reserves the right to modify or discontinue all or part of the progeCAD Site, temporarily or permanently, with or without notice to you, and is not obligated to support or update the progeCAD Site. You acknowledge and agree that progeCAD will not be liable to you or any third party in the event that progeCAD exercises its right to modify or discontinue all or part of the progeCAD Site. Unless explicitly stated otherwise, any new features that augment or enhance the current progeCAD Site will be subject to this Agreement.
Acknowledgment. You acknowledge that (i) you have read and understand this Agreement; and (ii) the Agreement has the same force and effect as a signed agreement.